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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원성남지원 2020.12.23 2020가단6855
대여금
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. We examine, ex officio, whether the instant lawsuit is lawful or not.

According to Article 603(1)1, (3), and (4) of the Debtor Rehabilitation and Bankruptcy Act, where any creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim inspection within the objection period after the commencement of the individual rehabilitation procedure, any claim is confirmed according to the list of individual rehabilitation creditors, and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all individual rehabilitation creditors, and when the decision on discontinuation of the individual rehabilitation procedure is confirmed,

Therefore, even if a decision on discontinuation of individual rehabilitation procedures is confirmed with respect to individual rehabilitation claims entered in the table of individual rehabilitation creditors, there is no benefit in filing a performance lawsuit separately.

According to the statement Eul evidence Nos. 1 (including additional numbers) and this court's significant facts, the Busan District Court 2019da17493 filed by the defendant against the defendant in the case of individual rehabilitation, where the decision to commence individual rehabilitation procedures has been rendered on or around July 2020, and the claims claimed by the plaintiff in this case are confirmed in the list of individual rehabilitation creditors of this case, and the confirmed individual rehabilitation claims are entered in the list of individual rehabilitation creditors of this case. Accordingly, the lawsuit in this case is unlawful because it has already become final and conclusive and conclusive, and there is no interest in the lawsuit.

2. The instant lawsuit is unlawful and thus dismissed.

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